In California, removal and deportation involve administrative proceedings whereby the government attempts to remove the immigrant from the US and deport them to their native country or any other country which accepts them. A US non-citizen may face removal or deportation from the country after violating criminal or immigration laws.
Facing deportation and removal from the United States may be challenging. For instance, you may incur hefty expenses, including travel costs. If you or your family member is facing deportation and removal from the United States, you should consult an immigration attorney for help. Various deportation and removal defenses are applicable to fight the charge. The defenses include adjustment of status to permanent resident, suspension of deportation, granting asylum, and waivers.
At the California Immigration Attorney, we are determined to provide our clients with the best legal assistance and representation at the court. Our aggressive attorneys travel to the detention centers across California and convince the court to release the immigrant through a bond.
Understanding Deportation and Removal Defense
Any immigrant may face removal and deportation from the US when he/she violates criminal or immigration laws. According to the illegal immigration and immigrant responsibility Act of 1996, immigration judges are allowed to order removal and deportation following removal proceedings for various reasons. For instance, an immigrant facing a jail sentence exceeding a year may face deportation even after their sentence suspension.
Deportation and Removal Process
Removal begins when the U.S. immigration and customs enforcement issue the immigrant with a notice. Notably, the notice to appear has reasons for removal and deportation. If you are an immigrant-receiving the notice, the immigrant judge may ask whether you are ready to proceed with the case at the first hearing; if you aren't prepared, you will be issued time to obtain your defense attorney. Since the case may be complicated with severe consequences, you should seek assistance from an immigration defense attorney.
Alternatively, if you decide to proceed without legal assistance, you will be required to appear in another hearing where you will be asked about information in your notice to appear. Therefore, if the judge decides the information in your notice to appear is true, and you should face deportation, you may apply for a form for relief from removal.
After the detainment of an immigrant, the federal government will keep them for an intermediate period, even when they haven't created any crime. However, the immigrant might seek assistance from an experienced immigration attorney to fight the removal or deportation.
Deportation Bond Hearing
During the detention hearing, the California immigration attorney considers the evidence in determining whether the immigrant will be released from the immigration and customs enforcement custody on a bond with the pending deportation hearings. Notably, a bond may be denied or granted depending on the immigration judge's decision. However, the bond hearing will be distinct and separate proceedings from the removal proceedings.
At the bond hearing, the judge may hear all or any information provided by either party. If you are an immigrant facing removal from the United States, you need to seek help from a competent immigration attorney. The attorney will help in guiding you throughout the bond hearing process.
When is a Deportation Bond Not Available?
It might be challenging for the immigrant facing crime cases to qualify for a bond. However, they will help convince the federal government to release their client from the detention center on parole with an experienced immigration attorney. On various occasions, the immigrant may not obtain the bond at the court judgment.
Deportation And Removal Proceedings
In California, the law requires the immigrant facing deportation and removal from the United States to attend the removal proceedings. At the initial hearing, you will have to deny or admit the allegations in the notice to deny or accept the deportation charges. Additionally, you will inform the immigration attorney of any relief when applying for a petition to avoid deportation from the United States. Notably, the attorney will schedule your case for an individual merit hearing.
During the merit hearing, your immigration attorney will elicit testimony and documentary evidence. Moreover, the attorney will present any expert witness from your family members to support the claim. Alternatively, the department of homeland and security attorney will have an opportunity to present evidence and cross-examine the alien's attorney's witnesses. After the judge hears the submitted evidence, he/she will decide whether you will remain or leave the United States.
The California immigration attorney understands the fears, stress, anxieties, and worries you and your family experience when facing removal or deportation from the US. Therefore, if you are an immigrant facing a deportation charge, you should seek help from our competent immigration attorneys. Our lawyers will evaluate your case and provide legal strategies that will fight the deportation charge.
If the immigration and customs enforcement detain you, we will convince the court to release you on bond. We are focused on fighting for your removal or deportation by helping in filing the proper petitions, preparing you and your witness, obtaining the required evidence, and representing you at the immigration court.
How to Fight Removal and Deportation
Facing deportation and removal from the United States may be challenging. However, you and your aggressive attorney may fight to remove the charge, thus enjoying an extended stay in the United States. A deportation and removal proceeding involves two main stages. Notably, in the first stage, the immigration judge will determine whether you are inadmissible or deportable. If you qualify for deportation/removal, the attorney will provide arguments and evidence against you. After deciding whether you are eligible for the removal and deportation, you will move to the next stage, applying for deportation relief. The immigration and nationality act will provide various forms of relief to the immigrant facing deportation. The remedies/defenses will include:
- Status adjustment
- Waivers of inadmissibility
- Cancellation of deportation in the deportation proceedings
- Deportation suspension in the removal proceedings
- Legalization and registry
If the immigrant isn't eligible for relief, the judge may order deportation and removal depending on the proceedings and the case's circumstance. Alternatively, if you qualify, the judge considers granting the relief. However, with a competent defense attorney, you will fight for relief in the deportation case. The applicable defenses/remedies are discussed as follows:
In the United States, most green cards are filed before you are placed in deportation proceedings. Therefore, it may be used as deportation defense. Application for status adjustment should rely on an approved immigrant visa petition.
The remedy will help undocumented immigrants apply for a lawful permanent residence after meeting the authorized requirements. To qualify for the status adjustment, you should have an immigration visa available during the application period. If you have many qualifications, the petitions will only be submitted after an immigrant visa petition is filed by either a family member or spouse, either a US citizen or a permanent resident approved by the USCIS. In several cases, an immigrant visa petition approved by the USCIS or qualifying employer will serve as a basis for applying for the status adjustment. To be eligible for the adjustment, the employer should show you qualify through the recruitment requirements induced by the United States law.
Therefore, a competent defense attorney, he/she will provide guidance when using adjustment of your status as a remedy for deportation and removal. Additionally, the lawyer will help when the process seems complicated.
Legalization and Registry
Legalization and registry are essential remedies you may employ when facing removal and deportation. The two separate forms of relief the undocumented immigrant living in the United States for a prolonged period to remain in the country. Therefore, legalization occurs when amnesty is granted to certain classes of immigrants. Additionally, legalization is a rare remedy. Alternatively, a registry is a common remedy. Under registry, you will show you have good moral character, eligible for citizenship, and not guilty of any crime. Your defense attorney may provide evidence to prove your character. For instance, your criminal record will be essential in supporting your proof. Upon proving your character and not guilty, you won't face deportation and removal from the United States.
Suspension of removal and deportation is another critical remedy you may employ when facing deportation and removal from the US. However, the immigrant must meet the required requirements for their deportation and removal to be suspended. Therefore, a removable immigrant may apply for the remedy when:
- They have been continuously physically present in the US for seven years and above. Notably, casual and innocent absences won't interrupt the continuity of the immigrant's physical presence.
- He/she should be a person of good moral character.
If the removal will cause great hardship to the country's immigrant children, parents or spouse citizens, or lawful residents. Additionally, the remedy may apply to the immigrants involved in removal proceedings. Therefore, you and your defense attorney may convince the court your deportation and removal will result in hardship to their next relatives. In the case of the circumstance, the court will suspend their deportation and removal.
Granting of Asylum
Granting asylum is another essential remedy you may use as a remedy against deportation and removal. Notably, the International and US law recognizes that a person shouldn't be removed or deported to their citizenship countries if they are afraid of returning. If the fear is reasonable and the immigrant's requirements satisfied, he/she is recognized as a refugee. Additionally, the immigrant is granted protection from the US as withholding of removal, asylum, or deportation difference under the UN. Convention against torture. When the immigrant is granted asylum, they may apply for permanent status in the US after a year. Therefore, you may argue you are afraid of returning to your country of citizenship; thus, you will remain in the US as a refugee or asylum.
Cancellation of Deportation for a Permanent Resident
An immigrant facing deportation and removal may cancel deportation for a permanent US resident. Additionally, the application for a permanent resident has the effect of forgiving the basis for the immigrant's deportation and returning their status to a legal permanent resident. Following the new immigration laws in the United States, an immigrant is eligible for one grant of relief in their lifetime. Alternatively, upon denial of your application for cancellation of removal status, it will result in an administrative order to return the immigrant to their country through a forcible order to remove them from the US.
The immigration judge will balance positive and negative factors to determine whether you should remain or leave the United States. If you are granted the application in a permanent resident case, you will maintain your status and remain in the US. In illegal immigrants, a granted application has the effect of allowing the nonimmigrant to become a permanent US resident. Therefore, the immigrant attorney will consider factors like employment history, family ties, community service, criminal records, property and assets, and immigration violations.
Notably, all the types for cancellation for removal are naturally discretionary and allow the immigration judge to deny or grant your application. Demonstrating the above factors isn't a guarantee for you to be granted the application, only after presenting a prima facie eligibility. Therefore, the immigration judge will favor you if the evidence and criminal record you provide before the court is valid and not guilty.
Cancelation Of Deportation For a Battered Spouse
In California, a battered spouse should be placed into removal proceedings. Additionally, the battered spouse should demonstrate three years of physical presence in the United States rather than ten years applicable to other persons. Therefore, the period towards the three years will accrue even after receiving the notice to appear for the deportation hearings. Notably, if you are an applicant for the cancellation, you must demonstrate a good moral character, and you shouldn't be inadmissible under the following circumstances:
- Marriage fraud (section 237a 1G)
- Document fraud (237a 3)
- Criminal offenses (237a 2)
- Security and related grounds (section 212a, 3)
- Criminal and related grounds (section 212a, 2)
However, the immigrant should not have faced conviction of an aggravated felony in their criminal history. The remedy will stop your deportation. The eligibility to the remend will consider whether you are a lawful permanent resident. Additionally, you should have a green card with or be a documented immigrant.
If you face deportation and removal charges, you may employ voluntary departure as a remedy for fighting the charge. In several cases, if the alien lacks a special relief to stop their deportation, they may apply for voluntary departure. Therefore, if the immigrant is awarded the departure, he/she will leave the US within four months. Within the four months, the immigrant will prepare for his/her departure. Notably, the voluntary departure will prevent the alien from the problems associated with a removal and enables them to return to the United States in the future eventually.
A voluntary departure will apply to deportable aliens on aggravated grounds with the ability to make payments for their airplane tickets, aliens with a good moral character within five years, agreeing to depart from the US within the period provided by the immigration judge. Therefore, if you meet the above requirements, you may apply for a voluntary departure rather than facing deportation and removal from the united states. Your defense attorney will assist you in applying for the voluntary departure.
Criminal and Noncriminal Waivers
Criminal and non-criminal waivers are necessary remedies when fighting a deportation and removal case. Therefore, if you are an immigrant facing deportation, you may apply for a waiver. The waivers will require the immigrant to establish hardship to themselves or his/her close family members when facing deportation from the United States. For instance, a person facing removal for violating the law will be eligible for a waiver of failure to admit him/her to the US will lead to hardship to his/her parents, spouse, daughter, sons, among other close family members.
Additionally, a person who has committed fraud or a material misrepresentation should apply for a waiver of his/her deportation will lead to extreme hardship to his parent's spouse or any other close family member. A criminal waiver is applicable when you are yet to become a permanent US resident. Therefore you can apply for permanent residency in conjunction with the 212(h). Therefore, you may argue the deportation will result in hardship for your close family members.
Alternatively, an immigrant in an immigration court proceeding may file noncriminal waivers to obtain advantages like U visas or permanent residency based on their employment or family relationship. However, certain evil actions like smuggling one's child or spouse, being inadmissible, or lying to receive an immigration benefit may require a waiver to obtain certain benefits. You may file the waivers simultaneously with other applications.
Withholding of Deportation or Removal
You may employ withholding of removal or deportation as a defense against deportation. A withholding removal will prohibit the government from removing the immigrants from the United States and deporting them to their home country. However, it doesn't permit the alien to apply for permanent US residence within the US. Therefore, applying to withhold deportation would be an alternative to deportation.
Termination, Suppress Motions
Suppress and termination motions are an applicable remedy against deportation and removal. For instance, if your charges on the government's notice to appear aren't correct, then you may file a termination motion seeking the immigration court to terminate the proceedings. Additionally, you may provide evidence for the incorrect government’s notice when fighting the charge.
Alternatively, suppose a law enforcement officer detained you for violating due process. In that case, it may be possible to ask the immigration court to suppress the available evidence and terminate the court proceedings. Therefore, with the assistance of an experienced defense attorney, you will fight the charge through suppressing and termination motions.
Prosecutorial discretion is another crucial remedy when fighting removal and deportation charges. In several circumstances, the government attorney may decide to practice his/her discretion and terminate or close deportation proceedings against the immigrant. Therefore, the best practice would be requesting prosecutorial discretion in writing with your evidence to the US department of homeland security. In various cases, the alien will be eligible for their work authorization even after their case is closed; however, it will depend on other applications on their file. Therefore the government attorney will be essential in your case. A skilled defense attorney will direct you on writing and attaching your evidence to the government attorney.
Renewal of I-751 Form, Removal of Conditional Residence
By renewing form I-751, you may fight a deportation and removal charge. A noncitizen will be placed in deportation proceedings for failing to file the I-751petition for removal of condition on a residence. After timely filing or the USCIS may deny even the petition for other reasons. In most circumstances, you may renew the I-751 petition as a defense for deportation before an immigration attorney. Therefore, if you face deportation for violating the immigration laws, your attorney will help renew your form I-751, thus avoiding deportation.
Find an California Immigration Attorney Near Me
If you or your family member is facing deportation and removal from the United States, your attorney should employ the most effective strategies to fight the deportation and removal. Therefore, beware that every piece of evidence and legal procedure is an essential element in your deportation defense. A deportation and removal defense will lead to the dismissal of the immigrant’s charges.
Therefore, you should seek help from a defense attorney to fight the deportation and removal charge. At **California Immigration Attorney, we are focused on providing the best services to our clients. Additionally, We work tirelessly to keep our clients from the detention centers and fight to help them remain across California. Call us today at 424-789-880 for a free consultation and case evaluation.